Kashannejad v. United States Citizenship and Immigration Services et al

Filing 183

ORDER denying 182 Plaintiff's Request to Stop Defendants from Issuing and Lodging the Detainer Against Plaintiff. Signed by Judge Edward M. Chen on 1/2/2013. (emclc1, COURT STAFF) (Filed on 1/2/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JAMSHID S. KASHANNEJAD,

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Plaintiff,

For the Northern District of California

United States District Court

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v.
UNITED STATES CITIZENSHIP AND
IMMIGRATION SERVICES, et al.,

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No. C-11-2228 EMC
ORDER DENYING PLAINTIFF’S
REQUEST TO STOP DEFENDANTS
FROM ISSUING AND LODGING THE
DETAINER AGAINST PLAINTIFF
(Docket No. 182)

Defendants.
___________________________________/

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Plaintiff has filed yet another brief, this time asking the Court to order Defendants not to

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issue an immigration detainer against him. In the alternative, Plaintiff asks the Court to require

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Defendants to prove that he is “amenable to deportation under any provisions of law relevant to [his]

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[s]tatus as [a legal temporary resident].” Mot. at 5.

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Both of Plaintiff’s requests for relief are denied. “A detainer serves to advise another law

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enforcement agency that the Department [of Homeland Security] seeks custody of an alien presently

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in the custody of that agency, for the purpose of arresting and removing the alien.” 8 C.F.R. §

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287.7(a). At this juncture, Defendants have not made any decision as to whether to initiate removal

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proceedings against Plaintiff upon his (eventual) return to the United States. Thus, Plaintiff’s

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requests for relief are premature. Moreover, as this Court has repeatedly held, under 8 U.S.C. §

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1252(g), it “lacks jurisdiction over the government’s decision whether to commence removal

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proceedings; and . . . , under 8 U.S.C. § 1252(a)(5), a challenge to a removal decision must be made

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to the Ninth Circuit, not this Court.” Docket No. 181 (Order at 1).

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IT IS SO ORDERED.

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Dated: January 2, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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